Supreme Court's recent ruling that "Illicit relation by husband was not cruelty" has to be read in facts of this case:
1) Husband had a childhood love affair.
2) Even after seven years and having two children with present wife, he could not forget his childhood lover.
3) The couple could not reconcile to love triangle. So husband gave divorce to wife.
4) Wife could not tolerate pain of being divorced. She committed suicide after divorce.
5) On complaint of deceased wife's mother, seven family members of husband were arrested under 498A, 306.. They were, husband, his aged father, his aged mother, his elder brother, his elder brother's wife, his minor son, and his childhood lover.
6) Minor was sent to juvenile court. Trial court acquitted Elder Brother and his wife. Rest were convicted.
This included conviction of childhood lover also.
7) High Court dismissed appeals of all.
8) SC granted them bail. After bail were granted all the four (poor belonging to wandering labourer tribe ) left their home and disappeared because of fear that SC to may convict them. I lost their contact since then.
9) SC heard appeal about one years ago and reserved judgement.
It pondered for about one year as its ruling on whether illicit relationship and divorce act in this case amounted to cruelty, was likely to affact cultural values and large number of people.
10) After pondering at length for two years, finally SC acquitted all and said, "Illicit relationship itself is not cruelty unless some further cruelty is proved."
11) Salute the judges of Supreme Court. Justice S.J.Mukhopadhyay and Justice Dipak Misra
Haresh Raichura
21/2/15
Copyright : Haresh Raichura 2014. All Rights reserved.
